STATE OF HIMACHAL PRADESH Vs. NANAK CHAND

JUDGEMENT

(1.) THIS appeal is instituted against the judgment dated 11.1.2008 rendered by the Special Judge -II, Mandi in Sessions Trial No. 21 of 2007 whereby the respondent -accused (hereinafter referred to as the "accused" for convenience sake), who was charged with and tried for offence punishable under section 20 of the Narcotic Drugs and Psychotropic Substance Act, 1985 has been acquitted.

(2.) CASE of the prosecution, in a nutshell, is that on 12.11.2006 police party was on patrol and Nakka duty on Karsog -Kelodhar -Chatri road. At 4.30 when the police party was at Ultidhar, accused came on foot. He saw the police. He threw his bag Ex.P -4. He tried to run away. He was over -powered. The bag was searched. It contained Charas. It was weighed and found to be 1 kg 200 grams. SI Surti Ram drew two samples of charas of 25 grams each out of the recovered stuff. He packed and sealed the sample charas in separate parcels with seal having impression 'S'. The remaining charas was packed and sealed in separate parcel with seal having impression 'S'. He also filled in NCB form. He took specimen seal impression on pieces of cloth. He took into possession the case property and seizure memos were prepared. SI Surti Ram also sent rukka through Constable Durga Singh to Police Station, Karsog. Accused was arrested on the spot. The contraband was sent to C.F.S.L., Chandigarh. The Chemical Examiner sent his report. According to the report, the same was charas. Police investigated the case and the challan was put up in the court after completing all the codal formalities.

(3.) MR . Ashok Chaudhary, learned Additional Advocate General has vehemently argued that the prosecution has proved its case against the accused.